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Judgment Search Results Home > Cases Phrase: pawnee contract Year: 1880 Page 1 of about 95 results (0.229 seconds)

1880

Steamship Company Vs. United States

Court : US Supreme Court

Decided on : Jan-01-1880

..... the steamships of the new class until other vessels became necessary besides those already accepted. page 103 u. s. 727 that such was the understanding of the parties to this contract receives strong confirmation from language found in the bid or offer of the company, which was accepted without qualification by the postmaster general. it is this: "we are now building ..... the requirements of the act of congress authorizing the additional monthly service, and other satisfactory steamships required in their place." the question is whether the company was bound by this contract to carry this additional semi-monthly mail in vessels of the class here described and in no others, or whether, while exercising due diligence, to have as many vessels of ..... as follows: "sec. 3. . . . for steamship service between san francisco, japan, and china, five hundred thousand dollars, and the postmaster general is hereby authorized to contract with the lowest bidder, within three months after the passage of this act, after sixty days' public notice, for a term of ten years, from and after the first day ..... steamships colorado, great republic, china, japan, america, and alaska were duly inspected and were accepted by the government for that service. they had been in actual use in performing the contract for several years, when congress by the act of june 1, 1872, c. 256, making appropriations for the service of the post office department for the next fiscal year, enacted .....

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Jul 23 1880 (PC)

Buldeo Doss Vs. Howe

Court : Kolkata

Decided on : Jul-23-1880

Reported in : (1881)ILR6Cal64

..... been performed,' which, in my opinion, show, that it was intended to apply to cases where the property in the goods passed by the contract, as much as to contracts where the property did not pass. and section 39 contains similar words.6. if there had been any machinery for the purpose in the small ..... whether this was so or not, i do not see why section 55 should not apply; the plaintiff having the right, of course upon the rescission of the contract to receive back the small balance due to him from the defendants. i think, therefore, that the judgment of the court below should be confirmed, and that ..... provides, that if the buyer is not ready and willing to pay the' price at the time agreed upon, the seller has a right to rescind the contract, and to refuse to deliver the goods; and i consider that, upon the rescission, the property in the goods sold revested in the seller. it has ..... not apply to the present case.2. we are bound, i think, to determine questions of this kind, so far as we can, by reference to the contract act, and not to english law; and sections 51 to 58 appear to contain general provisions, which are applicable to all cases of reciprocal promises.3. in this ..... and the time for their delivery and for payment of the price had been postponed, the property in them had passed to the plaintiff (sections 78 of the contract act); and that, consequently, the defendants' only remedy was to resell them after notice to the buyer under section 107 of the same act. now, that section .....

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1880

Oscanyan Vs. Arms Company

Court : US Supreme Court

Decided on : Jan-01-1880

..... aid to collect compensation for services of this nature, nor does it make any difference that the turkish government did not object to the plaintiff's taking commission on such contracts, which counsel contended we must consider as admitted together with the rest of the opening statement. we may doubt whether we are compelled to take as correct, with the ..... against public policy. that agreements like the one under consideration have this tendency is manifest. they tend to introduce personal solicitation and personal influence as elements in the procurement of contracts, and thus directly lead to inefficiency in the public service and to unnecessary expenditures of the public funds. . . . all agreements for pecuniary considerations to control the business operations of ..... government. it was a case where nothing was to be paid if no contract was obtained, and if obtained, the compensation was to be proportionate to its extent. in deciding the case, the court said: "considerations as to the most efficient and ..... government to furnish it with supplies was against public policy, and could not be enforced. that was a case where the compensation was made contingent upon success in procuring the contract, and, as we shall hereafter show, page 103 u. s. 274 should be distinguished from agreements for services in presenting information on the subject for the consideration of the .....

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1880

Life Insurance Company Vs. Bangs

Court : US Supreme Court

Decided on : Jan-01-1880

..... could not have been obtained at the trial, and which, if produced, would have changed the result, before a court of equity will interfere with the judgment rendered or the contract upon which it was recovered. there is no pretense here that any such fraud was committed or unconscientious advantage taken, or that there is any newly discovered matter not known ..... afterwards withdrawn. its withdrawal did not authorize a suit in another forum for its establishment against the demand of the plaintiff. when an action at law is brought upon a contract, the defendant denying its obligation, either from fraud, payment, or release, or any other matter affecting its original validity or subsequent discharge, must present his defense for consideration. a recovery ..... circuit court of the united states for the district of minnesota syllabus where there has been no newly discovered evidence, a bill in equity will not lie to cancel a contract or enjoin a judgment thereon where the complainant, against whom it was rendered, sets up as grounds of relief matters which he had full opportunity to plead in the action ..... is an answer to all future assertions of the invalidity of the contract by reason of any admissible matter which might have been offered to defeat the action. the contract is merged in the judgment. cromwell v. county of sac, 94 u. s. 351 . a suit in equity will not lie to .....

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Feb 03 1880 (PC)

The Bank of Bengal Vs. Mendes

Court : Kolkata

Decided on : Feb-03-1880

Reported in : (1880)ILR5Cal654

..... to section 179). in my opinion neither section 160 of the contract act, nor section 117 of the evidence act, affects the present suit.41. i think, therefore, the decree below must be reversed with costs on scale 2, and the defendant ..... i think he is bound to pay the debt.40. the case has been argued as if it were a case of bailor and bailee, and section 160 of the contract act has been relied on. but that section is not even included among the sections which relate to bailment of goods as security for payment of debts (see section 172 .....

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1880

Gay Vs. Alter

Court : US Supreme Court

Decided on : Jan-01-1880

..... contrary, the latter has endeavored to collect the whole judgment without any deduction whatever. this conduct is totally inconsistent with the position taken. it shows not a rescission of the contract and a return or credit of the amount paid thereon, but a determination to regard the transaction as altogether void and the whole judgment still due. we think that this ..... performed. this is undoubtedly the law of louisiana, but that law also requires that if a party to a contract wishes to rescind it for such a cause, he must return to the other party what he has received, so as to put him in the same situation he was ..... . alter 102 u.s. 79 appeal from the circuit court of the united states for the district of louisiana syllabus by the law of louisiana, a party to a synallagmatic contract has no right to rescind it by reason of the failure of performance by the other party unless he returns to the latter what was received from him, so as ..... . s. 80 mr. justice bradley, after stating the case, delivered the opinion of the court. it is contended by the appellant that the contract whereby ames agreed to sell his judgment for $8,000, was a synallagmatic contract, which he had a right to rescind if the agreement of the other party as to the payment of the purchase money was not .....

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1880

Wardell Vs. Railroad Company

Court : US Supreme Court

Decided on : Jan-01-1880

..... perhaps be entitled to reasonable compensation for the labor actually expended in the development of the mines and delivery of coal to the railroad company, considered entirely apart from the contract, and also for its property forcibly taken possession of by the officers of the railroad company. but an accounting for compensation thus limited is not desired by him, and ..... to occupy a position which will conflict with the interest of parties they represent and are bound to protect. they cannot, as agents or trustees, enter into or authorize contracts on behalf of those for whom they are appointed to act, and then personally participate in the benefits. hence all arrangements by directors of a railroad company to secure an ..... the proposed company, though no such company was organized until months afterwards. it hardly requires argument to show that the scheme thus designed to enable the directors, who authorized the contract, to divide with the contractors large sums which should have been saved to the company, was utterly indefensible and illegal. those directors, constituting the executive committee of the board, ..... that the directors of the union pacific railroad company, having the control and management of its road and business, were informed upon the subject at the time the contract mentioned was made. that contract was as follows: "this agreement, made this sixteenth day of july in the year of our lord one thousand eight hundred and sixty-eight between the union pacific .....

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1880

Railroad Company Vs. Falconer

Court : US Supreme Court

Decided on : Jan-01-1880

..... , including the appointment of commissioners, can be construed as amounting to such a contract. all that was done by the town, through the action of its taxpayers and the county judge, was to appoint agents for making a subscription and issuing bonds on the ..... , must stand upon the effect of the taxpayers' petition and the proceedings had thereon before the county judge. if, under the operation of existing statutes, these proceedings amounted to a contract between the town and the railroad company, no subsequent legislation or constitutional amendment could lawfully impair its obligation. but it is difficult to see how the said petition and proceedings ..... to the petition and proceedings under which the commissioners were appointed, and a declaration on their part that they did not undertake or agree to perform the conditions of the contract except as empowered and authorized by said proceedings. the defendants in error contend that this agreement was page 103 u. s. 825 ultra vires of the commissioners and wholly ..... such county, city, town, or village be allowed to incur any indebtedness, except for county, city, town, or village purposes." the court of appeals held that there was no such contract in existence as alleged by the plaintiff in error when the amended constitution went into effect, and therefore that the prohibition contained in the clause just quoted was conclusive against .....

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1880

Heryford Vs. Davis

Court : US Supreme Court

Decided on : Jan-01-1880

..... it follows from what we have said that to protect the cars from seizure and sale by virtue of executions against the railroad company, recording the contract was made necessary by the statutes of missouri to which we have referred. the judgment of the circuit court will therefore be reversed, and the ..... when demanded, but as security for the notes "given in payment" for the cars. this is confirmatory of the construction we have given to the contract. it tends to show that the transaction was a sale by which the ownership passed to the railroad company, the vendors retaining only a lien for ..... were intended as additional security for the payment of the debt the latter company assumed. this is shown most clearly by the other provisions of the contract. the notes became the absolute property of the vendors. as has been stated, they all fell due within four months, and it was expected they ..... court of chariton county, missouri, in his favor and against the keokuk and kansas city railway company and the western construction company, the cars in said contract described. that on dec. 13, 1874, the jackson and sharp company served notice upon the sheriff claiming the passenger car and mail, baggage, and ..... to missouri and were placed upon and used by said railroad company on its railroad in chariton county, missouri. 4. that the notes mentioned in said contract were not paid at maturity, and still remain unpaid; that, dec. 4, 1873, the jackson and sharp company received $13,000 in the first .....

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1880

Railroad Company Vs. United States

Court : US Supreme Court

Decided on : Jan-01-1880

..... pay the claimant, though the mails were still carried under the then existing contracts until march 31, 1877. the court of claims found in favor of the claimant, and rendered judgment for the sum due after the notification and demand ..... , and baltimore railroad company had been receiving the compensation for all the mails carried over its road between philadelphia and chester, though the claimant had the contract for so much of them as went from philadelphia to port deposit and intermediate points. the postmaster general insisted that he was right, and refused to ..... for what was claimed as to all the time mentioned except the period between july 1, 1873, and december, 1875. the service was rendered under a contract to carry by rail page 103 u. s. 704 the mails from philadelphia to port deposit, in the state of maryland. part of the road over ..... due for conveying all the mails over its road, although over a part of it a portion of them had been carried by a. under its contract, the latter brought suit against the united states to recover compensation for the portion so carried. held, that a.'s acquiescence in the adjustments precluded the ..... p. to f., the route being partly over its own road and partly over a portion of the road of company b., which also had a contract for carrying the mails over its entire line. after the passage of the act of march 3, 1873, c. 231, the post office department made .....

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